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jains   01 December 2019 at 22:44

Rejection review

If a suit is rejected for non payment of balance court fee can review is the remedy an if so mistaken ate of diary is a valid reason. ?

karans   28 November 2019 at 17:40

Lis pendens, section 52 transfer of property act

Is it compulsory to inform the third party before transferring of the property that a suit pending? Or does not informing, amount to fraud? Can- not informing- create a criminal liability on the transferor?

Kindly cite a ruling which says that the transferor needs to compulsorily inform the third party before transferring the said property that a suit is pending or a ruling which says one has not committed an offense by not informing. Thanks

ganesh   28 November 2019 at 15:18

Disposal of cmp in main(dv) petition read more at: https://

Is it essential that CMP(discharge) in a main(DV) petition to be disposed first before proceeding in main(DV) petition in a JM court?

N Kumar Chaubey   28 November 2019 at 14:27

Matter did not get called out but order passed

Hello,

I am still learning, so plz bear with me. Here is the situation:

The matter was listed in Calcutta HC daily cause list under "to be mentioned". However, it did not get called out during the day but an order been passed by honorable court to list the matter again after 60 days.

Can a honorable court pass an order w/o calling out the matter, if the petitioner wants an early hearing/ interim relief what can be don in this instant case.

Thanks & Regards
N K

Anonymous   26 November 2019 at 11:30

Common area in apartments

Hi, ours is a 4 block apartment with 24 flats in each block. Out of the 96 flats, 95 flat owners bought stilt car parking from the builder during possession. In all blocks there are front and back parkings i.e. one parking is behind and one in the front. We had an area in one of the blocks which was earmarked by the builder for commercial let out. But the association fought for 10 years and recovered that area from the builder and the builder said that he will vacate it if the association is ready to forego the corpus of Rs. 16 lakhs which he did not give in lieu of 8 parking which the association will get. The association agreed, but now the block in which this area is present they are objecting and saying they will pay the legal fees and take ownership of that area. Is that correct?
Further, the association is allocating 7 car parking including the visitor car parking and planning to construct a shed and allot those parkings to owners. Is it correct? Please clarify. If it is not correct, what is the solution?

Gagan   25 November 2019 at 15:53

Maintainance act 2007 related query

Dear Sir/Ma'am,

My father transferred all movable and non-movable property between me and mine younger brother in 2003, my younger brother was living in kolkatta at that time.He shifted back to Punjab and started living with my father and mother along with his family in 2007, my mother passed away in 2011 due to the atrocities of my brother and his family. After that he and his family started abusing my father and from 2012 my father is living with me at my house. During that period he sold some valuable portions of land without takseem of the land . My younger brother instituted some legal proceedings against my father, due to the obligation to my father he started abusing him my father also started legal proceedings in the court of SDM under senior citizen act 2007. SDM court directed my younger brother to maintain his father do the needful services to him but he ignored and abused my father seriously, due to this my father appealed to district magistrate cum presiding officer of maintenance tribunal under act 2007. Tribunal cancelled the transfer deed of my younger brother, my father intimated this decision to tehsildar /registrar and against this decision my younger brother got appeal in high court, now this case is under process for almost 2 years without any proper hearing. I request you to Pl confirm whether the transfer deed which was done before 2007 maintenance act passed can be cancelled and can high court cancel this transfer deed and also request is there any such decision given by any high court Pl share that also so that we can pursue the same in court. My father is 80 years old and is aligning and he wants to get back his property from my younger brother.

Thanks & Regards

CHANDRA SEKAR V   21 November 2019 at 13:10

Land acquisition under national highways act 1956

My lands have been acquired under National Highways act 1956. For enhanced compensation, NH Act refers Arbitration act 1996, for determination of enhanced compensation. Now the Arbitrator (Arbitrator appointed by the Central Govt) has rejected the petition for enhancement. Against the Arbitration award, the land losers can approach the Civil court under CPC. Now my doubt is whether the District Judge can or the District Judge has the power to enhance the compensation or he should remand back the matter to the Arbitrator only?

pushpakrishna   20 November 2019 at 05:34

Notice to legal heirs

Dear experts
A suit for recovery of money filed against the legal heirs on the basis of promissory note.
But they don't know about the amount taken by their father.
No notice given before filing the suit to the legal heirs.
Is the suit is valued and maintainable in the Court.?
Kindly give suitable advice on this issue
Thanq in advance.

Nikhil chaudhary   19 November 2019 at 21:19

Is certified copy of public document admissible at any stage

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NAGARAJ   19 November 2019 at 21:10

Will

Unregistrrd will testator not named the executor in the will .....as per sec 276 of indian succession act As a beneficiary .shall i directly approach the court for get the probate the will.?
Is executer is must?